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Retaliation: FAQs

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in Employment Law,Human Resources

Retaliation is prohibited under numerous state and federal laws.  The elements of a retaliation claim are:

  1. An individual has engaged in a protected activity;
  2. The employer took an adverse employment action against the individual; and
  3. There is a causal between the protected activity and the adverse action. 
1. What must employers know to avoid accusations of retaliation?

Here is some need-to-know information all company execs must have to avoid retaliation lawsuits.

  • Adverse employment actions don't just include major employment decisions like demotion or termination; decreased responsibilities, lowered performance ratings, failure to accommodate an employee's disability, etc., may also be considered signs of retaliation or a retaliatory motive. Courts have also ruled that a continuous series of small actions can add up to retaliation over time.
  • Engaging in a protected activity, such as filing a discrimination ...(register to read more)

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